12 results for 'cat:"Consumer Law" AND cat:"Technology"'.
J. Dever partially grants two sister insurance companies’ motions to dismiss allegations of telephone consumer protection law violations brought by a cell phone owner. The owner received multiple calls from the companies even after she requested them to stop. However, the owner fails to present enough information about the calls, including the dates of the calls and which company made them, so se fails to state a claim.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: February 12, 2024, Case #: 7:23cv1081, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: consumer Law, technology
J. Eagles grants the disbursement of over $11 million following Dish Network’s appeal after a class of consumers sued it for making over 50,000 calls in willful violation of the national Do Not Call registry. As is usual, this class action resulted in undisbursed judgment funds, and a special master correctly recommends disbursement to multiple cy pres recipients, including the attorneys general, the Public Justice Foundation and the National Consumer Law Center.
Court: USDC Middle District of North Carolina, Judge: Eagles, Filed On: October 11, 2023, Case #: 1:14cv333, NOS: Cable/Sat TV - Other Suits, Categories: consumer Law, Class Action, technology
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J. Carter grants Forbes' motion to dismiss a class action alleging that the website forbes.com unlawfully disclosed users' personally identifiable information, including a record of every video clip they view, without their consent to Facebook. The complaint failed to show that Forbes is a "video tape service provider" within the meaning of the Video Privacy Protection Act because Forbes is a news outlet and providing video content is not the focus of its work.
Court: USDC Southern District of New York, Judge: Carter, Filed On: September 28, 2023, Case #: 1:22cv6319, NOS: Other Statutory Actions - Other Suits, Categories: consumer Law, Class Action, technology
J. Talwani partially denies a large clothing retail company’s motion to dismiss Consumer Protection Act claims brought against it via class action for suppressing lower-starred product reviews through a third party. By automatically posting reviews above three stars and forcing reviews of three stars or less to be reviewed before being made public, the company persuaded some customers to buy items they would not have purchased had they seen the real ratings and all reviews of the products.
Court: USDC Massachusetts, Judge: Talwani, Filed On: September 22, 2023, Case #: 1:22cv10603, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, consumer Law, technology
J. Laplante partially grants a large software company’s motion to dismiss a smaller company’s claims against it for poor performance and misrepresentation in its recommendation and implementation of new software at the smaller company. The smaller company’s contract, bad faith, negligence and part of its fraud claims are dismissed, while its New Hampshire Consumer Protection Act claim and part of its fraud claim are not, because the smaller company sufficiently supports the latter claims with facts.
Court: USDC New Hampshire, Judge: Laplante, Filed On: August 15, 2023, Case #: 1:22cv397, NOS: Other Contract - Contract, Categories: Fraud, consumer Law, technology